HOA letter - Prohibited Parking on Street - only problem is I am not... (attorney, neighborhoods)

[LarryTX]

RE: Parking on street prohibited 1AM to 9AM every day

Just got my third letter, one with a fine on it, for parking on the street. First letter I somewhat stopped, only doing it on the weekend, second letter, I stopped completely (I really did), we cleaned the garage out, sold some stuff, and 100% stopped completely.

30 days later, I get a third letter saying basically "your continued noncompliance will result in fines" etc etc blah blah.

Only problem, is I indeed am in compliance.

Advice ?

Thank you

[JanND]

You should go in person and speak to the source of the letters. Were you supposed to reply to an earlier one? If you aren't parking on the street you should go try to fight it. Ignoring it isn't solving the problem.

[Katana49]

Originally Posted by LarryTX

RE: Parking on street prohibited 1AM to 9AM every day

Just got my third letter, one with a fine on it, for parking on the street. First letter I somewhat stopped, only doing it on the weekend, second letter, I stopped completely (I really did), we cleaned the garage out, sold some stuff, and 100% stopped completely.

30 days later, I get a third letter saying basically "your continued noncompliance will result in fines" etc etc blah blah.

Only problem, is I indeed am in compliance.

Advice ?

Thank you

I want to live in your neighborhood.

[CMC_TX]

Originally Posted by LarryTX

RE: Parking on street prohibited 1AM to 9AM every day

Just got my third letter, one with a fine on it, for parking on the street. First letter I somewhat stopped, only doing it on the weekend, second letter, I stopped completely (I really did), we cleaned the garage out, sold some stuff, and 100% stopped completely.

30 days later, I get a third letter saying basically "your continued noncompliance will result in fines" etc etc blah blah.

Only problem, is I indeed am in compliance.

Advice ?

Thank you

Your HOA should contract with a management company every resident should have info for. Call the property management company and let them know. If it's run by residents, email the board and let them know. The board generally has an alias email address. Not complicated. Could just be the mgmt company assuming the issue was never resolved.

[Angie682]

Our prior HOA used to take photos of the violation they sent with the violation letter. Did they have a picture on the date of of your alleged violation?

[LarryTX]

zero info provided by HOA

no "specific dates of violation" or pictures of alleged car parked there, or identity of "accuser".

[UnfairPark]

It must be some petty neighbor who keeps complaining, send HOA a written letter through certified mail requiring written receipt that you aren't parking there and wouldn't not pay unjust fines unless they provide a picture proof.

[maggiekate]

does your hoa give you a hearing by non board members as we have in case of an unjust fine.

we cant park on the street but it also is a county law. our streets are really narrow but people ignore it all the time.

[loves2read]

Originally Posted by CMC_TX

Your HOA should contract with a management company every resident should have info for. Call the property management company and let them know. If it's run by residents, email the board and let them know. The board generally has an alias email address. Not complicated. Could just be the mgmt company assuming the issue was never resolved.

Not all HOA neighborhoods have off-site mgmt company
It could be someone on the HOA board who does not know the cars this person drives

Are there ANY cars parking on the street in violation of the HOA requirements?
Is this a valid, enforceable rule?

You are certainly entitled to see proof of the violation you are charged with--
Have you read your HOA CCRs regarding the ability to fine residents?
First thing I would suggest is to do that and see if the HOA itself has followed the rules
Second, I would send a registered letter to both the president of the HOA board and the person on the Board in charge of enforcement--treasurer, secretary, someone should be designated
In that letter I would ask for a hearing before the HOA and proof of your violation
You can't be held accountable for something that has no proof--unless you live in Russia

Do you know an attorney?
Some HOA boards can be full of PITA people with nothing better to do than exercise that limited amount of power...

[loves2read]

Originally Posted by JanND

You should go in person and speak to the source of the letters. Were you supposed to reply to an earlier one? If you aren't parking on the street you should go try to fight it. Ignoring it isn't solving the problem.

Personally from experiences homeowners in MY HOA have had meeting individually--out side of an HOA meeting with others in attendance--
that face to face does not always work to YOUR benefit
You want to have any interaction DOCUMENTED either w/a letter or a public hearing
You don't want to be viewed as "confrontational", "harassing", "threatening" by someone on your HOA board--
Not saying YOU would be---but like I said in previous post--some people want the power that comes from even a minor position like being on an HOA board...